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London Probation Board v Kirkpatrick: EAT 7 Jan 2005

EAT Unfair Dismissal
When an employee is dismissed and then reinstated on an internal appeal it is open to the parties to agree reinstatement as a matter of contract and such an arrangement albeit made after the gap in the continuity of employment, fills in the gap for the purposes of section 212 of the Employment Rights Act 1996. Ingram v Foxon [1984] ICR 685 EAT followed; Murphy v A Birrell and Sons [1978] IRLR 458 EAT not followed.
EAT Unfair Dismissal – Exclusions including worker/jurisdiction.

Judges:

His Honour Judge Mcmullen QC

Citations:

UKEAT/0544/04, [2005] UKEAT 0544 – 04 – 1002, [2005] IRLR 443

Links:

Bailii, EATn

Statutes:

Employment Rights Act 1996

Cited by:

CitedPrakash v Wolverhampton City Council EAT 1-Sep-2006
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 29 June 2022; Ref: scu.222804

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